[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Notices]
[Page 47319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23901]
[[Page 47319]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-413]
Certain Rare-Earth Magnets and Magnetic Materials and Articles
Containing the Same; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 31, 1998, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Magnequench International, Inc. of Anderson, Indiana and Sumitomo
Special Metals Co., Ltd. of Osaka, Japan. A letter supplementing the
complaint was filed on August 24, 1998. The complaint, as supplemented,
alleges violations of section 337 in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain rare-earth magnets and magnetic materials
and articles containing the same by reason of infringement of claims 1,
4, 5, 8, 9, and 11 of U.S. Letters Patent 4,851,058, claims 1-6, 10,
14-16, and 18-20 of U.S. Letters Patent 4,802,931, claims 13-18 of U.S.
Letters Patent 4,496,395, claims 1-9, 12-20, 23-27, and 29-34 of U.S.
Letters Patent 4,770,723, claims 1-6, 8-10, 13-19, 21-24, 27-35, and
37-39 of U.S. Letters Patent 4,792,368, and claims 1-3, 5, 15, 18, 19,
21, and 22 of U.S. Letters Patent 5,645,651. The complaint further
alleges that there exists an industry in the United States as required
by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue permanent exclusion
orders and permanent cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW, Room 112, Washington,
DC 20436, telephone 202-205-2000. Hearing-impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its internet server (http://www.usitc.gov).
FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2579.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (1998).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on August 31, 1998, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain rare-earth
magnets or magnetic materials or articles containing the same that
infringe claims 1, 4, 5, 8, 9, or 11 of U.S. Letters Patent 4,851,058,
claims 1-6, 10, 14-16, or 18-20 of U.S. Letters Patent 4,802,931,
claims 13-18 of U.S. Letters Patent 4,496,395, claims 1-9, 12-20, 23-
27, or 29-34 of U.S. Letters Patent 4,770,723, claims 1-6, 8-10, 13-19,
21-24, 27-35, or 37-39 of U.S. Letters Patent 4,792,368, or claims 1-3,
5, 15, 18, 19, 21, or 22 of U.S. Letters Patent 5,645,651, and whether
there exists an industry in the United States as required by subsection
(a)(2) of section 337.
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are--
Magnequench International, Inc., 6435 Scatterfield Road, Anderson,
Indiana 46013
Sumitomo Special Metals Co., Ltd., 4-7-19, Kitahama Chuo-ku, Osaka 541,
Japan
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Houghes International, Inc., 40 Hicks Lane, Great Neck, New York 11023
International Magnaproducts Inc., 3103 Cascade Drive, Valparaiso,
Indiana 46383
Multi-Trend International Corp., a/k/a MTI-Modern Technology Inc.,
43288 Christy Street, Fremont, California 94538
American Union Group, Inc., 20807 Tall Forest Drive, Germantown,
Maryland 20876
High End Metals Corp., No. 14 Industrial 4th Road, Hsinchu Industrial
Park, Hsinchu Hsein, Taiwan
Harvard Industrial America, Inc., 470 Nibus Street, Brea, California
92621
H.T.I.E., Inc., 782 Pearl Street, Sharon, Pennsylvania 16146
CYNNY Magnetics, 5 Highview Court, Montville, New Jersey 07045
(c) Jay H. Reiziss, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW, Room 401-L,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be
considered by the Commission if received no later than 20 days after
the date of service by the Commission of the complaint and notice of
investigation. Extensions of time for submitting responses to the
complaint will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
Issued: August 31, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-23901 Filed 9-3-98; 8:45 am]
BILLING CODE 7020-02-P
